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Monday - Wednesday
8:30 am - 4:00 pm
Thursday
8:30 am - 6:30 pm
Friday
8:30 am - 12:00

24 Main Street
Gray, ME 04039
Tel (207) 657-3339
Fax (207) 657-2852
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2010-05-18 Town Council Minutes
7:00PM - STIMSON HALL

Roll Call:

Councilors Mark Grover, Peter Gellerson, Margaret Hutchins, Cathy Manchester

Excused: Matt Sturgis

Town Manager Deborah Cabana

Others present and speaking: George Thebarge, Leslie Fitzgerald

Pledge of Allegiance to the Flag:

Minutes from Previous Meetings:
Approval of May 4, 2010, Town Council Minutes.

Councilor Grover moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves May 4, 2010 Town Council Minutes as presented.
4 Yes

First Order of Business:
       Public Comments of Non-Agenda Items – (limit 3 minutes per person)

No Public Comment

Second Order of Business:       

Reports from the Council Chair:

Councilor Gellerson stated that the Pennell Tour is this Saturday (May 22nd) from 9-11am.  He encourages everyone to stop by to see the progress. The Patriot 5 K Run is also Saturday.  The Memory Walk brick sale for the Pennell Town Office has sold 426 bricks so far.

Reports from the Town Manager:

Town Manager Cabana indicated that absentee ballots for June 8th are available at Town Hall.  For Councilors, on May 20th there is a celebration honoring Joe Jones with the Joe Jones Woodland Walk at the Maine Wildlife Park.  

On May 27th at 6pm, there is an open meeting for school budget.  She also commented on information from the Maine State Planning Office that the recycling rate for the Town is 53.6%.  She also stated that  information is available for a community garden at Town Hall.

Committee Reports:

Councilor Hutchins stated that the Solid Waste Committee has met and that the ordinance continues to be worked on.

Councilor Grover indicated that the Dry Mills School House building made it through the winter well, with only minor items to be repaired. He also said that the Library Trustees Committee met and would encourage staff to get CPR training as the AED was not put in the Town budget. He also stated that the Library Association standards are being reviewed to see what Gray can update/

Councilor Gellerson stated that the CEDC will be meeting to work on ideas to raise the profile of the Gray/New Gloucester and Pineland areas through advertising, etc.

Council Correspondence:  NONE

Third Order of Business:        
Presentations:  
Public Hearings:        
  • (Second Reading) Proposed amendments to Chapter 400, Part 5 of the Town of Gray’s Street Construction Ordinance for changes to the requirements for driveway permits.  
No public comment

  • (Second Reading) Proposed amendments to Chapter 401, Sections 401.7 and 401.13.17 of the Town of Gray’s Subdivision Ordinance, for changes to the standards for driveways in subdivisions.
No public Comment

  • (Second Reading) Proposed amendments to the Town of Gray’s Wireless Telecommunications Facility Siting Ordinance for expansion of allowances for towers serving critical public service needs.
George Thebarge stated that for all 3 ordinance amendments cited above, the Planning Board held public hearings.  The telecommunications one had a resident adjacent to proposed tower location who offered an easement to the State for this tower.

  • Renewal of Mobile Vendor licenses for Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood
No public Comment

Fourth Order of Business:       ORDERS
Item #110-10    (No action taken on May 4, 2010) To review and act upon authorizing the Town Manager to enter into a lease agreement with Cumberland Farmers Market Association to operate a farmers market on the municipal property behind the former Gray Post Office from May 20th through September 30th.

Councilor Grover moved; Councilor Manchester seconded.
Ordered the Gray Town Council authorizes the Town Manager to enter into a lease agreement with Cumberland Farmers Market Association to operate a farmers market on the municipal property behind the former Gray Post Office from May 20th through July 30th and further moves to operate the farmers market on the property behind the Henry Pennell Complex from August 1st through September 30th.
Leslie Fitzgerald, Market Manager thanked the Council for their support in this process.
Grover asked why they wanted to be located in the parking lot at Pennell instead of the front.  Leslie stated that she has no preference as to location.

 Town Manager Cabana stated that the anticipated move in date in July but that the Town office complete move may not take place until August and they are looking for ease to accommodate them.

Councilor Grover moved; Councilor Hutchins seconded
Motion to append Item #110-10 to include after the date of Sept 30th, “to depend on mutual agreement with the Town Building Administrator and Cumber Farmers Market”.
4 Yes (amendment)
4 Yes

Order #114-10   To review and act upon approving Mobile Vendor license renewals for the following: Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood.

Councilor Hutchins moved; Councilor Manchester seconded.
Ordered the Gray Town Council approves Mobile Vendor license renewals for the following: Lonnie Humphrey d/b/a Lonnie Dogs, Jason Klein d/b/a Northeast Ice Cream, and David Klenda d/b/a Klenda Seafood, subject to inspection and approval from the Code Enforcement Officer, Health Officer and Public Safety Inspector.

Councilor Gellerson asked about the expiration date of Dec. 31st.   Town Manager Cabana stated that these will need to be approved again in January of the New Year.  The state law has been amended to state that victualer licenses cannot be issued unless the Town has an ordinance which it doesn’t have at present.
4 Yes

Item #115-10    To review and act upon the appointment of the Warden and Deputy Warden for the June 8, 2010 Election.

Councilor Grover moved; Councilor Hutchins seconded.
Ordered the Gray Town Council appoints Carol West as the Warden and Deborah Cabana as the Deputy Warden for the Election to be held on June 8, 2010.
4 Yes

Item #116-10    To review and act upon approving the Municipal Warrant for the town meeting to be held on June 8, 2010.

Councilor Hutchins moved; Councilor Manchester seconded.
Ordered the Gray Town Council approves the Municipal Warrant for the town meeting to be held on June 8, 2010, as presented.

Councilor Grover believes that it is a very clear and easy process thus far.  Councilor Gellerson encourages everyone to vote.
4 Yes

Item #117-10    To review and act upon approving the School Administrative District Budget Validation Referendum Warrant to be held on June 8, 2010.

Councilor Manchester moved; Councilor Hutchins seconded
Ordered the Gray Town Council approves the School Administrative District Budget Validation Referendum Warrant to be held on June 8, 2010, as presented.
4 Yes

Item #118-10    To review and act upon authorizing Town Attorney to file a civil action on behalf of the Town in the Maine Superior Court to provide for the final resolution of the Pennell Trust matter.

Councilor Grover moved; Councilor Hutchins seconded
Ordered, that the Town Attorney be, and hereby is, authorized and directed to file a civil action on behalf of the Town in the Maine Superior Court (Cumberland County) to provide for the final resolution of the Pennell Trust matter, including re-conveyance of the Gray Library property on Hancock Street back to the Town.

Councilor Grover stated that he is pleased to see that this will be part of the Town and doesn’t believe that the school district will object.

Town Manager Cabana stated that in preparation for this is to have the Pennell Trust reverted back to the Town.  The Trust is with the Library on Hancock Street and it is the hope that it will remain with the library but not necessarily to a specific building.

Councilor Gellerson asked what the Trust means.

Town Manager Cabana stated that it was set-up by Henry Pennell as an institution of learning which will need to be changed.  The School entered into an agreement to move the trust from the school to the library which will allow the trust to be awarded to the Town.  The Council agreed with the notion that it should be part of the library but not a specific building for the library to facilitate the change of ownership.

Town Manager Cabana stated that there are still some funds in the trust.  The Town has authority of the funds, but this process will give the trust back to the Town.
4 Yes

Fifth Order of Business: ORDINANCES:
Item #119-10    (Second Reading) To review and act upon proposed amendments to Chapter 400, Part 5 of the Town of Gray’s Street Construction Ordinance for changes to the requirements for driveway permits.


Councilor Hutchins moved; Councilor Manchester seconded
Ordered the Gray Town Council approves the proposed amendments to Chapter 400, Part 5 of the Town of Gray’s Street Constructions Ordinance for changes to the requirements for driveway permits.
4 Yes

Item #120-10    (Second Reading) To review and act upon proposed amendments to Chapter 401, Sections 401.7 and 401.13.17 of the Town of Gray’s Subdivision Ordinance, for changes to the standards for driveways in subdivisions.

Councilor Hutchins moved; Councilor Grover seconded
Ordered the Gray Town Council approves the proposed amendments to Chapter 401, Sections 401.7 and 401.13.17 of the Town of Gray’s Subdivision Ordinance, for changes to the standards for driveways in subdivisions.
4 Yes

Item #121-10    (Second Reading) To review and act upon proposed amendments to the Town of Gray’s Wireless Telecommunications Facility Siting Ordinance for expansion of allowances for towers serving critical public service needs.

Councilor Hutchins moved; Councilor Grover seconded
Ordered the Gray Town Council approves the proposed amendments to the Town of Gray’s Wireless Telecommunications Facility Siting Ordinance for expansion of allowances for towers serving critical public service needs.
4 Yes
Sixth Order of Business:

Council Business:

The next Council meeting is June 1st.

Councilor Gellerson asked about a conversation with the Town of Raymond.  Town Manager Cabana stated that she will include it as a Council discussion.  

Councilor Gellerson stated that this Council has accomplished most of its Council goals established in the Council year.

Seventh Order of Business:
Additions to the Agenda:

Eighth Order of Business:
Council Action Items, Assignments and Issues Status:
()     Offer high-level budget guidance to the Town Manager early in the budget development process.
(  )    Transfer the Pennell Trust from SAD 15 to the Town of Gray.
()     Revise, simplify or repeal the Administrative Code (§ 601).
(  )    Sell old town office properties.
()     Resolve the future relationship with the Gray Historical Society.
()     Pass a joint resolution with North Yarmouth and New Gloucester urging DOT to repair the first mile of Route 115 easterly from the village.
(  )    Stimulate further business development and broaden the tax base.
()     Clarify the Council Rules with respect to changing Council meeting dates.

Ninth Order of Business:  Adjournment

Councilor Grover moved; Councilor Hutchins seconded
Motion to adjourn
4 Yes
The meeting ended at 7:36pm

Minutes approved and accepted June1, 2010 by its Town Council:



_____________________________           ___________________________
Peter Gellerson, Council Chair                   Margaret Hutchins, Vice Chair


______________________________  ___________________________
Mark D. Grover                                 Matthew Sturgis


_____________________________
Cathy Manchester




* The Town of Gray is an equal opportunity employer and complies with all applicable equal access to public accommodations law. If you are planning to attend a Town Council or Town committee or board meeting and need assistance with a physical disability, please contact the Town Manager’s office at least 48 hours in advance of the meeting to have the Town assist you. 657-3339.  TTY 657-3931.